RULE 110

Prosecution of Offenses

I. PROVISIONS AND NOTES

SECTION 1: Institution of criminal actions Criminal actions shall be

instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1
and Rule, by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
(b) For all other offenses by filing a complaint or information directly with the
municipal trial courts and municipal circuit trial courts, or the complaint with
office of the prosecutor. In Manila and other chartered cities, the complaint
shall be filed with the office of the prosecutor unless otherwise provided in
their charters.
The institution of criminal action shall interrupt the running of the period of prescription of the
offenses charged unless otherwise provided in special laws.

Modes of instituting criminal action.

1. May be commenced by any person presenting to a court a complaint. Where complaint has
been already presented, no other further pleading on the part of prosecutor is necessary
2. Commence by prosecutor by filing with the court an information (such information is the
process which institutes the action and prosecution proceeds upon it as People’s pleading)
3. When preliminary investigation is required (Section 1, Rule 112), criminal action must be
instituted by first filing the corresponding complaint with the proper officer for purposes of
preliminary investigation.
Note: Preliminary investigation is required. Except where the accused is under arrest (penalty for the
offense must at least be for Four years, two months and one day, without regard to the fine).
4. Where offense falls under the jurisdiction of the MTC, MCTC (penalty is less than 4 years,
2 months and 1 day), action may be instituted through a complaint or information filed
directly with said courts or with the office of public prosecutor.
Note: Exception: In manila and other chartered cities where action is ALWAYS commenced by a
complaint filed in the officer of the prosecutor, unless the charter provided otherwise.

Meaning of “Proper Officer”

Refers to officers authorized to conduct the required to conduct the requisite preliminary investigation:
1. provincial or city prosecutors and their assistants
2. judges of the municipal trial courts, municipal circuit trial courts
3. national and regional state prosecutors
4. other officers authorized by the courts.
Note: Their authority to conduct PI shall include all crimes cognizable by the proper curt in their
respective jurisdiction

Interruption of prescriptive period

1. By filing the criminal action either by complaint or information for preliminary investigation
or trial on the merit unless provided by special laws.
2. This true even if the court where the complaint or information is filed cannot try the case
on merits.

What is the distinction between the control by the prosecution and the control by the court?
Before a case is filed in court, the prosecution has control over the following:
1. What case to file
2. Whom to prosecute
3. The manner of prosecution
4. The right to withdraw the case before arraignment even without notice and hearing.

After a case is filed in court, the court has control over the following:
1. The suspension of arraignment
2. Reinvestigation
3. Prosecution by the prosecutor
4. Dismissal
5. Downgrading of the offense or dropping of the accused even before plea
What are the limitations on the control by the Court?

1. Prosecution is entitled to notice of hearing

2. The Court must await the result of a petition for review
3. The prosecution’s stand to maintain prosecution should be respected by the court
4. The ultimate test of the court’s independence is where the prosecutor files a motion to dismiss or
withdraw the information
5. The Court has authority to review the Justice Secretary’s recommendation and reject if it there is grave
abuse of discretion.
6. To reject or grant a motion to dismiss, the court must make its own independent assessment of the
evidence.
7. Judgment is void if there is no independent assessment and finding of grave abuse of discretion.

What are the crimes that must be prosecuted upon complaint of the offended party?
1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness
3. Defamation which consists in the imputation of an offense mentioned above

What is a private crime?

Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party.
Strictly speaking, there is no such thing as a private offense since all offenses are an outrage against the
State. They are denominated as private offenses only to give deference to the offended party who may
prefer not to file the case instead of going through the scandal of a public trial.

After a complaint for a private crime has been filed in court, what is the effect of pardon by the
offended party? The pardon by the offended party will not have any effect on the prosecution of the
offense. Once a complaint has been filed in court, jurisdiction over the offense will be acquired and will
continue to be exercised by the court until termination of the case.

In what case can an accused not be convicted of a crime different from that designated in the
complaint or information even if the recitals allege the commission of the crime?
If it involves:
1. a change of the theory of the trial
2. requires of the defendant a different defense
3. surprises the accused in any way

What are the offenses in which the particular place where the offense was committed is
essential? Examples are:
1. Violation of domicile
2. Penalty on the keeper, watchman, visitor of drug den
3. Trespass to dwelling
4. Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling
places)

What are the offenses in which the time of the commission of the offense is essential? Examples
are:
1. Infanticide
2. Violation of Sunday Statutes (Election Law)
3. Abortion

In what case is the name of the offended party dispensable?

In offenses against property, the name of the offended party may be dispensed with as long as the object
taken or destroyed is particularly described to property identify the offense.